High Quality UK Fake Breitling Watches Prevails With Good-faith Defence In Second Circuit Infringement Dispute Ruling

The US Court of Appeals for the Second Circuit has affirmed a district court’s grant of summary judgment to Breitling, holding that its use of a registered and incontestable trademarked term was fair use because it was descriptive and used in good faith (Solid 21 Inc v Breitling USA Inc, case 22/366, 14 March 2024, Wesley, Sullivan, JJ, Park, J, dissenting).

The case analyses the fair-use defence’s good-faith prong, which, as the Second Circuit majority noted, “is not litigated frequently”. This provoked Judge Park’s dissent, arguing that the majority’s analysis attempts to resolve factual disputes about top Breitling replica watches‘ intentions, which should instead go to a jury.

Case background

‘Red gold’ and ‘rose gold’ are terms used to describe a gold-copper alloy that causes gold to have a pinkish hue. Solid 21 is a luxury watch and jewellery business that sells a collection of these products under the mark RED GOLD, which was registered in 2003 and now has incontestable status. Breitling is a Swiss company that makes and sells luxury 1:1 Breitling fake watches, some of which it advertises as available in red gold, among other colours.

Solid 21 filed a trademark infringement suit against Breitling, alleging that its use of the term ‘red gold’ was “likely to cause confusion, reverse confusion, mistake, and/or deception as to the source” of UK best replica Breitling watches. Breitling copy watches moved for summary judgment on the grounds that ‘red gold’ is generic, and that the trademark registration was invalid or that its use of the term fell under the Lanham Act’s fair-use defence, which allows use of a protected mark to describe one’s goods so long as it is in good faith and not used as a mark.

The dispute

Initially, the district court denied cheap Breitling replica watches‘ motion for summary judgment, finding that it could have used other terms like ‘rose gold’ to describe its products and thus it did not satisfy the descriptive use requirement. However, on reconsideration, the district court decided that the mere existence of alternative terms for the alloy did not preclude summary judgment, and that Swiss made Breitling super clone watches’ materials clearly showed that it was using “red gold” descriptively to indicate hue. The district court also found that Breitling satisfied the good-faith element, even if it was aware of Solid 21’s RED GOLD mark. Solid 21 appealed.

Court decisions

The Second Circuit affirmed, finding that perfect replica Breitling watches‘ advertising materials clearly showed that it used “red gold” as a descriptor for colour and not as a mark. The court rejected the argument that this conclusion was undermined by the availability of the term ‘rose gold’ as an alternative descriptor, and pointed out that Solid 21 bears the risk of some consumer confusion in choosing to trademark a descriptive term that describes a colour of metal.

Finally, the court found that Breitling’s use of “red gold” was in good faith, despite Solid 21’s argument that it was in bad faith because Breitling had constructive or actual knowledge of Solid 21’s trademark. Breitling did not conduct a trademark search before using the term ‘red gold’, it began using it two decades after Solid 21 did, and it had the alternative “rose gold” descriptor available. The court pointed out that none of these facts are dispositive on the issue of bad faith because they do not show that Breitling intended to confuse customers as to source or sponsorship. Rather, the court explained that red gold is just a way to describe the colour of the 2024 China fake Breitling watches.

The Second Circuit observed that descriptiveness and good faith “often travel together”, but rejected the dissent’s complaint that it had effectively collapsed the latter into the former. The court held out the possibility that a defendant can use a term descriptively and yet do so in bad faith. However, this was not the case here.

In his dissent, Judge Park argued that the majority improperly resolved “factual disputes about online Breitling replica watches‘ mental state at summary judgment”. He stated:

…the record shows that Breitling (1) relatively recently began using the ‘red gold’ mark, (2) without conducting a trademark search, (3) possibly knowing of Solid 21’s use, (4) despite previously using a substitute ‘rose gold.’ In response, Breitling offers no explanation for the change whatsoever.

Key takeaways

When an incontestable mark is used as a descriptive term, a defendant may be able to prevail on a fair-use defence. Trademark owners using weak or descriptive marks bear the risk of some confusion when their term is used descriptively and in good faith.

High Quality Replica Breitling SuperOcean Automatic 44 Watches UK Online

Co-famous, best Breitling replica watches have been favored by pilots and adventurers. From the Navitimer B01 series to the Top Time Triumph series, Breitling is known for creating sturdy and stylish watches, and continues to push boundaries with innovative designs.

The UK top fake Breitling SuperOcean Automatic watches is inspired by the SuperOcean Slow Motion watch of the 1960s and demonstrates Breitling’s commitment to creating watches that excel in function and style. While these cheap Breitling copy watches are designed for divers and water enthusiasts to withstand the harshest underwater environments while ensuring ultimate accuracy, they are equally suitable for everyday use. The luxury replica Breitling SuperOcean Automatic series watches has 13 dial/bezel color variations, 2 rotating bezel types (unidirectional and bidirectional), 4 diameter options (36mm, 42mm, 44mm and 46mm), 3 materials (stainless steel, two-tone steel and 18K rose gold, DLC diamond-like carbon and special bronze).

The bright orange FKM rubber quick-release strap contrasts well with the black Breitling SuperOcean Automatic 44. Together they create a look that is both sporty and sophisticated, suitable for adventures in or out of the water. The carefully designed Metabind rivet steel strap perfectly wraps the Breitling. Its brushed strap sections and polished trim complement the perfect Breitling fake watches‘ finish while also creating a highlight when contrasted with the vibrant turquoise dial. This precision-engineered strap and eye-catching watch come together to create a truly eye-catching pairing.

Within this collection, the Swiss movements super clone Breitling SuperOcean Automatic 44 is watches that stands out, combining the perfect combination of robustness and sophistication. So, in this article, let’s explore its design, features, performance, multiple variations and many more details. This AAA wholesale Breitling replica watches is available in five unique colors, with each model displaying unique charm and characteristics.

New AAA UK Cheap Replica Breitling SuperOcean Automatic Watches

We talk about the newest Swiss made Breitling SuperOcean replica watches. The fact that a dive watch exists for a fraction of the price of the Breitling with somewhat-similar specs must mean that perfect Breitling fake watches has lost it, right? Let’s see.

A new design that riffs on an older model

The new best UK replica Breitling SuperOcean 42 watches debuted just a couple of months ago, and it’s fair to say that it was a controversial drop. The high quality Breitling copy watches is a straight-up diver with 300 meters of water resistance, a screw-down crown, a ceramic uni-directional bezel, and so on. It comes in a myriad of colors, sizes, and case materials. Furthermore, it’s available on either a new bracelet or a rubber strap. The controversy comes our way in a couple of forms.

First, the Swiss made Breitling SuperOcean replica watches has a large minute hand that some say resembles Thor’s hammer (not our Thor… or is it?). In fact, that hand is a reminder of the 1970 SuperOcean reference 2005. That 1:1 wholesale Breitling fake watches was a “slow counter” and used a chronograph movement to count elapsed time underwater. The new model has no such functionality, but I like the fact that Breitling went for something completely its own rather than something generic. The next and most maligned characteristic relates to the engine room. Breitling chose to use a chronometer-rated ETA 2824-2 or Sellita equivalent. It was on this topic that people started comparing the €4,600 watch to less expensive pieces such as today’s challenger, the Zodiac Super Sea Wolf. Of course, those same folks tend to forget that the latest China Breitling SuperOcean super clone watches replaces a watch that was rather generic looking and wasn’t much less expensive. Convenient amnesia is a wonderful thing…

Recently, the 2022 replica Breitling SuperOcean series watches received a makeover with a vintage design and a wide range of smashing colors. While the smallest “men’s” version is 42mm, so was the original ref. 2005 from 1970, and I respect Breitling for sticking to its big guns. Even if I have smallish wrists, for this flash of color, I even get the urge to do those forearm curls at the gym and spring for the 44mm version. Madness? Nope. Big is back, and sometimes it just works. Honestly, big is what Breitling does best, and with the turquoise mid-dial of this fake Breitling SuperOcean watches for sale, summer is here to stay. I can say that the broad, steep minute track creates a welcome depth to the dial. The relatively small inner turquoise portion also gives you a feeling of a smaller watch. This is a great choice if you’re “arm-y” enough, and my fave detail is that huge paddle minute hand. You can get it for €4,450 on a rubber strap.